Denver Police Chief <B>Gerry Whitman: </B>“We’re put in an awkward position when it’s still under investigation but the evidence is out there already.” <!–IPTC: DENVER, CO–JUNE 20TH 2009–Denver Police Chief, Gerald Whitman, left, talks to local activist representing INCITE, Women of Color Against Violence, Lisa Calderon, right, and a crowd gathered at Blackberries Coffee and Ice Cream Emporium Saturday afternoon during a press conference addressing the issue of “racial profiling and “bias profiling.” THE DENVER POST/ANDY CROSS–>

Denver’s police chief wants a chance to give his side of the story when a citizen review board judges how controversial allegations of police abuse are handled.

Gerry Whitman is seeking a bigger role with the Citizen Oversight Board, which recently criticized discipline for three officers in two cases of alleged excessive police force. The board issued written reports taking issue with the discipline in those cases, the first time it had taken such a step.

After an outcry developed that the discipline was too lenient in those instances, the Police Department reopened an investigation into one of the cases, saying new witnesses had come forward.

Shortly before resigning Tuesday, Safety Manager Ron Perea rescinded his decision in the other case, in which a man accused Officer Eric Sellers of roughing him up and handcuffing him after he criticized Sellers for failing to press charges against someone who punched him.

Over the weekend, Whitman called former Denver Councilwoman Cathy Reynolds, chairwoman of the board, to tell her he was disappointed she was commenting without giving the Police Department a chance to present its findings. The seven members of the board are appointed by the mayor and confirmed by the City Council.

“I told her that it’s damaging to make those statements without reviewing the entire case,” Whitman said. “You have to have all the facts before you make a decision.”

Whitman specifically asked Reynolds to allow the Police Department to present its findings and recommended discipline for Cpl. Randy Murr and Officer Devin Sparks, accused in the beating of a man outside a Lower Downtown nightclub.

Reynolds said Whitman is welcome to give the board his views, but she doubts anything he says will cause the board to change its views that Murr and Sparks should be fired.

“If he wants to sit down and present more information to us, that’s fine,” Reynolds said. “But I can’t imagine a different result based on what I’ve already seen. We’ll just have to sit down and talk to him.”

Board hears monitor

Whitman said he is disturbed because Independent Monitor Richard Rosenthal, who reviews investigations into allegations of police misconduct, gives his views to the Citizen Oversight Board without the Police Department getting a chance to give its side too. The board is in charge of giving an annual report on Rosenthal’s work and overseeing his performance.

“I’m not saying he would mislead them,” Whitman said. “But I am saying they are saying something is wrong without reviewing all the facts. I wanted to make sure they reviewed all the information.”

Perea suspended Murr and Sparks three days without pay each for filing inaccurate reports about an April 4, 2009, incident outside a Lower Downtown nightclub.

Perea did not find the use of excessive force in that case despite a video that showed Sparks confronting Michael DeHerrera, then 23, who was talking on a cellphone at the time.

A widely circulated video shows Sparks tackling DeHerrera, beating him and roughly picking him up and slamming the door of a squad car on his shin.

“There are a considerable amount of other facts in that case,” Whitman said, refusing to elaborate further because the case is being re-investigated. “I’m not saying it mitigates the conduct. I’m not saying either way because the case has been reopened.”

He said he will wait until the new investigation is concluded before deciding whether to continue to press for a chance to go before the civilian board to detail findings.

Perea resigned after he told the mayor he believed his original discipline had become so controversial that he had lost the trust of the public.

Whitman said the Police Department can’t publicly disclose information when lawsuits are pending or if a criminal case is pending. “What the media does is take a snippet and something sensational and swirl it around for a couple of weeks,” he said.

He said he thinks lawyers often use the media in an attempt to get criminal charges dismissed or to increase the potential for a civil settlement.

“We’re put in an awkward position when it’s still under investigation but the evidence is out there already,” Whitman said.

Agreement in virtually all cases

The chief said that in virtually all cases, the Police Department and monitor Rosenthal agree on the proper level of punishment.

The city’s safety manager issues a final discipline decision after weighing recommendations from the police command staff. Perea’s original discipline for Sellers was harsher than what Whitman recommended.

Deputy Chief Michael Battista made the department’s final recommendation of discipline to Perea in the Murr-Sparks case, Whitman said. Perea’s original discipline adhered to Battista’s recommendation.

Rosenthal disagreed with Perea’s decisions in those cases and presented his views to the board.

Whitman said that when Rosenthal disagrees with discipline of officers, the Police Department ought to get a chance to present its full findings to the Citizen Oversight Board.

Whitman also called Rosenthal recently to tell him he wanted the Police Department to appear before the Citizen Oversight Board. Rosenthal said he referred Whitman to Reynolds.

“You have to have all the facts before you make a decision,” Whitman said.

Denver Police Chief Gerry Whitman, 55, confirmed Tuesday night that he has signed up for a Deferred Retirement Option.

The paperwork means Whitman must leave the department in five years at the most. Whitman said he plans to retire July 18, 2015. Lt. Matt Murray, an aide to Whitman, told KCNC-Channel 4, which first reported the story, that Whitman’s decision was made earlier in the summer, before recent controversies. Christopher N. Osher, The Denver Post

Christopher N. Osher is a reporter on the investigation team at The Denver Post who has covered law enforcement, judicial and regulatory issues for the news organization. He also has reported from war zones in Africa.

As news of the deadly mass shooting at Marjory Stoneman Douglas High School in Parkland, Florida, unfolded last week, Pia Guerra, a 46-year-old Vancouver-based artist, felt helpless. She couldn’t bring herself to go to sleep, so she began to draw.

Police who find suspected drugs during a traffic stop or an arrest usually pause to perform a simple task: They place some of the material in a vial filled with liquid. If the liquid turns a certain color, it’s supposed to confirm the presence of cocaine, heroin or other narcotics.